Home > 1.1 Universal suffrage > TÜRKIYE - Opinion on the Suspension of the Second Paragraph of Article 83 of the Constitution (Parliamentary Inviolability)
 
 
 
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Paragraph 10
 

In its Judgment Kart v. Turkey,3 the European Court of Human Rights stated that “[t]he Court reiterates in this regard that inviolability is not a personal privilege for the benefit of the MP but rather a privilege linked to his or her status, which is why it cannot be waived by the beneficiary”. In its Report on the Scope and Lifting of Parliamentary Immunities (CDL-AD(2014)011, hereinafter “the Report”) the Venice Commission sets out that parliamentary immunity is not a personal privilege for individual Members of Parliament but protects the institution of parliament. Paragraph 35 of the Report explains that “the existence of rules on parliamentary immunity is first and foremost based on the need to protect the principle of representative democracy. Such immunity can be justified to the extent that it is suitable and necessary in order to ensure that the elected representatives of the people are effectively able to fulfil their democratic functions, without fear of harassment or undue interference from the executive, the courts and political opponents. This is particularly important with regard to the parliamentary opposition and political minorities.”